The Commission on Capital Cases updates this information regularly.  This information; however, is subject to change and may not reflect the latest status of an inmate’s case and should not be relied upon for statistical or legal purposes. 

 

JONES, Victor Tony (B/M)

DC#    420481

DOB: 05/01/61

 

­­Eleventh Judicial Circuit, Dade County Case # 90-50143

Sentencing Judge: The Honorable Rodolfo Sorondo, Jr.

Attorney, Trial: Edward Art Koch – Assistant Public Defender

Attorney, Direct Appeal: Nancy Wear – Special Assistant Public Defender

Attorney, Collateral Appeals: William Hennis & Chris Taylor – CCRC-S

 

Date of Offense:         12/19/90

Date of Sentence:       03/01/93

 

 

Circumstances of Offense:

 

On 12/19/90, the bodies of Matilda Nestor, 66, and Jacob Nestor, 67, were found in their place of business.  Victor Tony Jones, a new employee of the business, was found slumped over the couch in the main office, with a .22 caliber automatic pistol under his arm.  Matilda Nestor was found in the bathroom, with a stab wound in the back, and Jacob Nestor was found in the main office, with a stab wound to the chest. 

 

According to the evidence, Jones stabbed Matilda Nestor as she was entering the bathroom and stabbed Jacob Nestor as he came toward the bathroom from the main office.  Jacob Nestor retreated to the main office after being stabbed, where he tried to call for help.  He then pulled his .22 caliber pistol from his holster and shot at Jones five times, hitting him once in the forehead.  The money and personal property of the Nestor’s was found in Jones’ pockets.

 

Jones was found by police, who were summoned by a neighbor of the Nestor’s.  When he was asked what happened, Jones replied, “The old man shot me.”  Jones was taken to the hospital, where he told a nurse that he had to leave because he had “killed those people.”  When asked why, Jones responded, “They owed me money and I had to kill them.” 

 

 

Additional Information:

 

Jones was released from prison on conditional release on 11/27/90, prior to the Nestor murders. 

 

On 02/11/93, a competency hearing was held and Jones was found to be competent. 

After Jones amended his first 3.850 Motion on 03/09/99, an evidentiary hearing was held and Jones was again found to be competent.

 

During his 3.850 Motion Appeal, jurisdiction was relinquished to the Circuit Court for a mental retardation determination on 03/08/05.  An Evidentiary Hearing was held in the Circuit Court on 11/14/05 and 01/10/06, and on 02/24/06, the Circuit Court determined that Jones was not mentally retarded. 

 

 

Prior Incarceration History in the State of Florida:

 

Offense Date

Offense

Sentence Date

County

Case No.

Prison Sentence Length

03/23/1987

BURGUNOCCSTRUC/CV OR ATT.

12/11/1987

MIAMI-DADE

8709733

5Y 0M 0D

04/17/1987

BURGUNOCCSTRUC/CV OR ATT.

12/11/1987

MIAMI-DADE

8712591

5Y 0M 0D

07/23/1987

BURGUNOCCSTRUC/CV OR ATT.

12/11/1987

MIAMI-DADE

8723834

5Y 0M 0D

12/12/1989

BURGLARY,ARMED W/EXP. OR WEAPO

01/09/1990

MIAMI-DADE

8947989

4Y 6M 0D

12/12/1989

ROBB. GUN/DEADLY WPN

01/09/1990

MIAMI-DADE

8947989

4Y 6M 0D

12/12/1989

THREATENS TO USE ANY FIREARM

01/09/1990

MIAMI-DADE

8947989

4Y 6M 0D

12/12/1989

MARIJUANA-POSSESS

01/09/1990

MIAMI-DADE

8947989

4Y 6M 0D

 

 

Prior Community Supervision History in the State of Florida:

 

Offense Date

Offense

Sentence Date

County

Case No.

Community Supervision Length

12/12/1989

BURGLARY,ARMED W/EXP. OR WEAPO

01/09/1990

MIAMI-DADE

8947989

3Y 6M 16D

12/12/1989

ROBB. GUN/DEADLY WPN

01/09/1990

MIAMI-DADE

8947989

3Y 6M 16D

12/12/1989

THREATENS TO USE ANY FIREARM

01/09/1990

MIAMI-DADE

8947989

3Y 6M 16D

12/12/1989

MARIJUANA-POSSESS

01/09/1990

MIAMI-DADE

8947989

3Y 6M 16D

 


Trial Summary:

 

01/11/91          Indicted as follows:

                                    Count I:           First-Degree Murder (Matilda Nestor)

                                    Count II:         First-Degree Murder (Jacob Nestor)

                                    Count III:        Armed Robbery (Matilda Nestor)

                                    Count IV:        Armed Robbery (Jacob Nestor)

                                    Count V:         Possession of a Firearm by a Felon

11/25/92          Court granted Motion to Sever Count V

03/04/92          State nolle prossed Count V

02/01/93          Jury returned guilty verdicts on all counts of the indictment

02/12/93          Jury recommended death by votes of 10-2 (Matilda Nestor) and 12-0

                        (Jacob Nestor)

03/01/93          Sentenced as follows:

                                    Count I:           First-Degree Murder (Matilda Nestor) – Death

                                    Count II:         First-Degree Murder (Jacob Nestor) – Death

                                    Count III:        Armed Robbery (Matilda Nestor) – Life

                                                            Imprisonment

                                    Count IV:        Armed Robbery (Jacob Nestor) – Life

                                                            Imprisonment

 

 

Appeal Summary:

 

Florida Supreme Court – Direct Appeal

FSC# 81,482

652 So. 2d 346

 

03/26/93          Appeal filed

01/12/95          FSC affirmed convictions and sentences

03/31/95          Rehearing denied

05/03/95          Mandate issued

 

U.S. Supreme Court – Petition for Writ of Certiorari

USSC# 95-5067

516 U.S. 875

 

06/28/95          Petition filed

10/02/95          USSC denied petition

 


Circuit Court – 3.850 Motion

CC# 90-50143

 

03/24/97          Motion filed

03/09/99          Motion amended

10/08/99          Motion amended

03/08/01          CC denied 3.850 Motion

 

Florida Supreme Court – 3.850 Motion Appeal

FSC# 01-734

855 So. 2d 611

 

04/06/01          Appeal filed

05/08/03          FSC affirmed denial of 3.850 Motion

09/11/03          FSC substituted a revised opinion

09/11/03          Rehearing denied

10/13/03          Mandate issued

 

Florida Supreme Court – Petition for Writ of Habeas Corpus

FSC# 02-605

855 So. 2d 611

 

03/15/02          Petition filed

05/08/03          FSC denied petition

09/11/03          FSC substituted a revised opinion

09/11/03          Rehearing denied

10/13/03          Mandate issued

 

Circuit Court – 3.850 Motion

CC# 90-50143

 

06/18/03          Motion filed

01/16/04          CC denied motion

 

Florida Supreme Court – 3.850 Motion Appeal

FSC# 04-726

966 So. 2d 319

 

04/26/04          Appeal filed

05/24/07          FSC affirmed denial of motion

10/10/07          Mandate issued

 

United States District Court, Southern District – Petition for Writ of Habeas Corpus

USDC# 07-22890

(Pending)

 

11/06/07          Petition filed

 

Circuit Court – 3.850 Motion

CC# 90-50143

 

11/24/10          Motion filed

02/04/11          Motion denied

 

Florida Supreme Court – 3.850 Motion Appeal

FSC# 11-474

(Pending)

 

03/09/11            Appeal filed

 

 

Factors Contributing to the Delay in Imposition of Sentence:

 

Jones’ first 3.850 Motion was pending for four years, from 03/24/97 – 03/08/01.

 

 

Case Information:

 

Jones filed a Direct Appeal with the Florida Supreme Court on 03/26/93, citing the following errors: denying a motion for judgment of acquittal; failing to instruct the jury that it had to consider two similar aggravating factors as one; rejecting mental or emotional disturbance as a mitigating factor; failing to bring up the possibility that Jones suffered from fetal alcohol syndrome; and failing to grant a motion for mistrial based on improper comments by the prosecutor.  On 01/12/95, the convictions and sentences were affirmed. 

 

Jones filed a Petition for Writ of Certiorari with the U.S. Supreme Court that was denied on 10/02/95.  

 

Jones filed a 3.850 Motion with the Circuit Court on 03/24/97 that was amended on 03/09/99 and 10/08/99.  On 03/08/01, the 3.850 Motion was denied.

 

Jones filed a 3.850 Motion Appeal with the Florida Supreme Court on 04/06/01, citing ineffective assistance of counsel.  On 05/08/03, the denial of the 3.850 Motion was affirmed.  On 09/11/03, a revised opinion was substituted. 

 

Jones filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court on 03/15/02, citing ineffective assistance of counsel and the unconstitutionality of Florida’s death penalty statute under the U.S. Supreme Court ruling in Ring v. Arizona.  On 05/08/03, the Petition was denied.  On 09/11/03, a revised opinion was substituted.

 

Jones filed a 3.850 Motion with the Circuit Court on 06/18/03 that was denied on 01/16/04. 

 

Jones filed a 3.850 Motion Appeal with the Florida Supreme Court on 04/26/04, citing errors in determining that Jones is not mentally retarded.  On 05/24/07, the FSC affirmed the denial of the motion.  A mandate was issued on 10/10/07.

 

Jones filed a Petition for Writ of Habeas Corpus with the United States District Court on 11/06/07 that is currently pending.

 

Jones filed a 3.850 Motion with the Circuit Court on 11/24/10.  This motion was denied on 02/04/11.

 

Jones filed a 3.850 Appeal with the Florida Supreme Court on 03/09/11.  This appeal is currently pending.

 

 

Institutional Adjustment:

 

THE FOLLOWING ENTRIES REFLECT DISCIPLINARY ACTIONS AGAINST THE INMATE

FOR VIOLATION OF THE RULE CITED AND INDICATE THE GAIN TIME DAYS LOST.

                                                                     

DATE                    DAYS                     VIOLATION                                       LOCATION      

11/29/93               0                              LYING TO STAFF                              UNION C. I.        

 

________________________________________________________________________

 

 

Report Date:   07/13/04          JFL

Updated:         03/24/11         CAR